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Poster: billbarstad Date: Oct 29, 2011 8:40am
Forum: feature_films Subject: Re: Another list of movies in question

I would love to see a concrete example for the case where the year in notice is a year earlier than the year of registration for movies where the year in notice is 1950 or earlier. How would the anniversary year window be defined? Specifically, do you just substitute the year in notice year for that in the registration date and go from there, or does the anniversary year window become Jan. 1 of the year before the year in notice to Dec. 31 of the year in notice, or something else entirely? Copyrightdata.com and Circular 15 from the copyright office skirt this case. At least I can't find the information. Help!

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Oct 29, 2011 1:46pm
Forum: feature_films Subject: Re: Another list of movies in question

The movie DOA was registered with the copyright office in 1950 as below:

D.O.A. Harry M. Popkin Production. Released
through United Artists, 1950. 83
min., sd., b&w, 35mm. Cardinal Pictures,
Inc.; 21Apr50 (in notice: 1949);
LP63.

As 1950 was the transitional year, if the date in notice was 1950 the renewal window would be either the anniversary window (22 April 1977 - 21 April 1978) or the 28th anniversary calendar year window (1 January 1978 - 31 December 1978). However, the date-in-notice was 1949 so the windows are calculated from 1949 not 1950. Consequently when the owner filed a renewal registration in August 1978, it was cancelled because it was late:

DOA;a feature photoplay. By Cardinal Pictures, Inc.

Type of Work: Cancelled Registration
Cancelled Registration Number: RE0000005723
Registration canceled--in notice 1949, too late for renewal registration.
Title: DOA;a feature photoplay. By Cardinal Pictures, Inc.

Variant title: DOA
Names: Cardinal Pictures, Inc.

Other examples:
- Renewals lodged in 1979 for MGMs 1951 releases "Father's Little Dividend", "Three Guys Named Mike", "Going For Broke", "Royal Wedding", "The Painted Hills" and a number of others were rejected due to 1950 dates-in-notice.
- A 1983 renewal for MGMs "The Last Time I Saw Paris" was rejected because the notice read 1945 not 1954.

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Poster: billbarstad Date: Oct 29, 2011 4:31pm
Forum: feature_films Subject: Re: Another list of movies in question

Yes, those examples make sense. It's quite clear that renewals must be based on the year in notice.

Am I correct that when you wrote: "However, the date-in-notice was 1949 so the windows are calculated from 1949 not 1950." for D.O.A. to have a valid renewal, you seem to imply that substitution of the year in notice year for that in the registration date is how the anniversary year window is calculated in a case like this? That is, did D.O.A. have an anniversary year renewal window of 22 April 1976 - 21 April 1977? Would there really be a calendar year renewal window for D.O.A., too, because it was registered in 1950? Can I pin you down?

Thanks again!

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Oct 29, 2011 5:18pm
Forum: feature_films Subject: Re: Another list of movies in question

Yes, there would not be a calendar year renewal period for D.O.A because 1949 movies were had to be renewed based on the anniversary year window. Effectively the year-in-notice is the official publication year as far a copyright goes. If a 1966 film accidently had a 1942 year-in-notice had to be renewed by the registration anniversary date in 1970 to be renewed regardless of the actual date of publication. Effectively a film could be pre-dated up to 28 years and be effectively copyrighted (of course, post dating of more than one year rendered the notice invalid).

Many copyright owners fell into this trap when the took up late registrations in the 1980s for 1950s and 60s movies. They thought they had 28 years from registration to renew and not 28 years from date in notice.

To summarize the rules for renewals:
-1923-1949 (inclusive): 28th anniversary window based on the date of registration and the year in notice.

-1950: 28th anniversary window based on the date of registration and the year in notice OR 28th Calandar year window based on the year in notice.

-1951-1963 (inclusive): 28th Caledar year renewal window based on the year in notice.

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Poster: billbarstad Date: Oct 29, 2011 6:58pm
Forum: feature_films Subject: Re: Another list of movies in question

Thanks much!